Marine Mammals - The Marine Mammal Protection Act

The Marine Mammal Protection Act (MMPA) was passed in 1972 and substantially amended in 1994. The original act noted that "certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man's activities." However, it was acknowledged that "inadequate" information was available concerning the population dynamics of the animals being protected.

The Marine Mammal Protection Act prohibits the taking (hunting, killing, capturing, and harassing) of marine mammals. The act also bars importation of most marine mammals or their products. Exceptions are occasionally granted for scientific research, public display in aquariums, traditional subsistence hunting by Alaska Natives, and some incidental capture during commercial fishing operations. The goal of the MMPA is to maintain marine populations at or above "optimum sustainable" levels.

Whales, dolphins, seals, and sea lions were put under the jurisdiction of the National Marine Fisheries Service (NMFS), an agency of the National Oceanic and Atmospheric Administration (NOAA) in the U.S. Department of Commerce. Polar bears, walruses, sea otters, manatees, and dugongs were put under the jurisdiction of the U.S. Fish and Wildlife Service (FWS), an agency of the U.S. Department of Interior.

The Marine Mammal Protection Act requires the NMFS and FWS to conduct periodic surveys to estimate populations and predict population trends for marine mammals in three regions of U.S. waters: Pacific Ocean coast (excluding Alaska), Atlantic Ocean coast (including the Gulf of Mexico), and the Alaskan coast. The survey results are published in annual Stock Assessment Reports. Reports dating back to 1995 are available online at http://www.nmfs.noaa.gov/pr/sars/.

The Marine Mammal Protection Act was passed a year before the Endangered Species Act. The MMPA was driven largely by public affection for marine mammals, rather than specific knowledge about impending species extinction. According to Eugene H. Buck in Fishery, Aquaculture, and Marine Mammal Legislation in the 109th Congress (Congressional Research Service, September 9, 2005), "some critics assert that the MMPA is scientifically irrational because it identifies one group of organisms for special protection unrelated to their abundance or ecological role." However, the MMPA is credited with promoting research about marine mammals and drawing attention to issues associated with bycatch mortality.